A farmer in western Kansas holds a water appropriation right dated 1952. A neighboring farmer obtained an appropriation right in 1978. During a severe drought, the available water supply is insufficient to satisfy both rights. Under Kansas law, which farmer has priority to use the available water?
Correct Answer
C) The 1952 farmer, because the earlier appropriation date establishes superior priority
Under Kansas's prior appropriation doctrine (K.S.A. 82a-701 et seq.), water rights are ranked strictly by their priority date — 'first in time, first in right.' The 1952 appropriation holder has a senior right and is entitled to receive their full allocation before the 1978 junior right holder receives any water during a shortage.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.
Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.
The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.
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